Legal Shades of Grey

CBD derived from hemp has been living in grey space. It has been sold “legally” in most states while it remained illegal on the federal level. 

In December of last year, the 2018 Farm Bill was signed into law legalizing the cultivation of industrial hemp (defined as cannabis with less than 0.3 percent THC).

The 2018 Farm Bill made great strides in legalizing industrial hemp products, but regulation at a state level can differ from federal law. We encourage everyone to research their local state Industrial Hemp Statutes. 

Derivatives of hemp, including CBD, were removed from the purview of the Drug Enforcement Administration (DEA) and the Controlled Substances Act. This was a major win for advocates of CBD as an alternative to pharmaceuticals, possibly even as a tool in the fight against opiod addiction.  

In a busy year the Federal Food and Drug Administration (FDA) gave GW Pharmaceuticals approval to sell Epidiolex, the first CBD-derived pharmaceutical medication.  In July 2018 Epidiolex was launched with the indication to treat 2 severe types of pediatric epilepsy. It is illegal to sell hemp-derived CBD as a dietary supplement when it is classified as a pharmaceutical.

A statement released following the passage of the Farm Bill reiterates that CBD remains a drug ingredient and is therefore illegal to add to food or health products without FDA approval. As asserted in their official statement, the FDA’s stance on CBD prohibits interstate sales and commerce of CBD food or health products.

























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